Shannon family files suit County Sheriff, Probation officers accused of failing to follow proper police protocol in shooting death

Thursday

May 1, 2014 at 3:15 AM

By Rod Dohertyrdoherty@fosters.com

DOVER — A civil suit was filed in Strafford County Court last week on behalf of the family of Benjamin Shannon alleging his shooting death by three law enforcement officers on March 10 in Rochester was the result of negligence and improper police procedures.

In an emotional news conference at the Comfort Inn in Dover, Shannon’s mother, Beverly, and his older brother, Wayne Shannon, Jr., described Shannon as a troubled young man at the time of his death. They said he was dealing with both drug and alcohol issues, in addition to being agoraphobic (a fear of crowds), at the time of the shooting. Having difficulty holding back tears, and having to pause frequently to compose themselves, his mother and brother described Benjamin as having been a happy-go-lucky guy who used to enjoy the simple things in life such as camping, fishing, his dog, his family and, in particular, the sport of boxing.

But last week, Shannon’s mother recalled seeing her son being wheeled out of the house on a stretcher.

She said, “He was crying out, ‘I have been shot, help me.’ Those were the last words I heard him say. It hurts me so much that police would not let me leave my van (where police placed her during the incident) to go to him to at least look into his eyes and have him understand his mother was with him.”

Shannon was taken after the shooting to Frisbie Memorial Hospital in Rochester where a medi-vac helicopter transported him to Maine Medical Center in Portland. He died there shortly after midnight.

Through their attorney, Peter G. McGrath of McGrath Law Firm in Concord, Beverly and Wayne Shannon said they hoped the resolution of the case would provide enough money to set up a program to help young people with alcohol and drug problems and to create sports programs dedicated to Ben Shannon.

McGrath said the lawsuit was filed against both the Strafford County Sheriff’s Department and the Strafford County Probation Department.

He said the suit alleges four primary allegations against those departments: negligence, wrongful death, negligent supervision and violation of civil rights that led to the shooting and death of Shannon, 34. The suit also alleges negligence of infliction of emotional distress on Shannon’s mother and family. According to McGrath, two probation officers and one Strafford County deputy sheriff went to Shannon’s mother’s home on Periwinkle Drive in the Saks Mobile Home Park in Rochester around 3 p.m. on March 10. It was there, his filing recounts, that they failed to follow what are generally accepted as safety standard for police officers. The suit alleges the officers failed to follow routine protocols that should have been followed in such a confrontation.

McGrath, a former prosecuting attorney, said proper procedure in this type of situation is for police to back off when confronted as they were, contact a supervisor and call for backup.

McGrath recounted the officers came to Beverly Shannon’s house and told her they were looking for Wayne Shannon. She told them he was not there, but she let the officers in the house and they proceeded down a hallway where they “observed Benjamin in a room and shouted, ‘Somebody in there? Come out.’ ”

Wayne Shannon told reporters at the news conference he did not understand why anyone would be looking for him because his parole officer knew he was in Vermont at a rehab hospital at the time.

According to the filings detailing the incident, a shouting match erupted between the officers and Ben Shannon while they were in the hallway.

Reports are that Shannon told police to back off and police responded by saying, “Ben, you don’t want to do this.”

Shots were fired shortly afterward.

One officer went back down the hallway and took Beverly Shannon and a girlfriend who was visiting Ben Shannon out of the home and put them in Beverly’s van.

McGrath said it still isn’t known which officers did the shooting or what caused the shooting to begin. But he said one bullet fired through a bathroom door apparently struck Shannon, who was in a crouching position.

He said two officers then went into a room and through another door to come up behind Shannon, where they fired at least three or more shots at him. Three bullets passed through the wall of mobile home. Whether four or five shots were fired is a matter of contention, McGrath said. Shannon was reported to have been struck by at least three bullets, but McGrath said the number that struck him has not been confirmed.

McGrath said Shannon was not known to be violent and was not armed when he was shot.

“They had no search warrant and no reason to exert deadly force,” McGrath said. He later clarified that police did not need a search warrant as they were at the house regarding a parole violation.

Earlier reports noted Ben Shannon was recently charged with robbery of a Rochester variety store while armed with a pellet gun. He was out on bail on charges related to that incident but had failed to keep appointments with parole officers.

Although he said it seemed inappropriate to discuss it in detail at this time, McGrath said it is just a fact that the family has significant medical bills and funeral expenses as a result of death of Shannon.

He said the Attorney General’s report on their investigation is still probably weeks away and that the state has requested Ben Shannon’s medical records from the family that he does not believe they are entitled too.

“Regardless of the conclusions of the AG’s investigative report,” McGrath said, “ we will go forward with this suit.”

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